Sanctions and Their Impact on Humanitarian Action

On World Humanitarian Day 2024, PoliSync interviews Dr. Emanuela-Chiara Gillard for a better understanding of sanctions and their impact on humanitarian action.

Q1: Dr. Gillard, can you start by explaining what sanctions are and who typically adopts them?

Dr. Gillard: Sanctions are measures adopted by certain international organizations or by states to achieve specific foreign policy or security objectives, such as ending conflict, promoting compliance with international law or countering terrorism. They can be directed at states, individuals, or entities and may include travel bans, asset freezes, arms embargoes, and restrictions on economic activity. The United Nations Security Council and the European Union are the main actors that impose sanctions, as well as certain states autonomously. 

Q2: Which sanctions must humanitarian organizations comply with, and why is this important?

Dr. Gillard: Humanitarian organizations must comply with the sanctions imposed by the countries where they are registered, and those where they operate. Frequently donors also require the organization to comply with the sanctions the donor has adopted.  Non-compliance can result in legal liability, including fines or loss of funding, which can disrupt essential humanitarian operations.

Q3: How can sanctions impact the capacity of humanitarian organizations to operate according to humanitarian principles and international humanitarian law?

Dr. Gillard: It is financial sanctions that can create the most significant challenges for humanitarian organizations.  They prohibit making funds or assets available to designated persons or entities.  Problems can arise when the entities governing areas where humanitarian operations are needed are either designated as sanctioned parties or are the sole suppliers of essential goods or services for the humanitarian response. Restrictions on the imports of certain dual use goods can also pose challenges.

Q4: Are there any safeguards in place to exclude humanitarian action from the adverse effects of sanctions?

Dr. Gillard: Yes, increasingly the actors that adopt sanctions have included safeguards, sometimes referred to colloquially as ‘humanitarian carve-outs’, that create exceptions to the prohibitions in sanctions.  For instance, financial sanctions adopted by the UN Security Council now include an exception allowing funds or assets to be provided to designated persons or entities when this is necessary for humanitarian action or to activities that support basic human needs. 

However, the approach adopted by different actors is not uniform nor easy to navigate, which is why it is essential for humanitarian organizations to understand the different approaches.

Q5: What are the challenges related to sanctions requirements in funding agreements?

Dr. Gillard: Many funding agreements now include clauses that require recipients to comply with sanctions adopted by or binding on the donor. This can be challenging for humanitarian organizations, as it may limit their flexibility and add administrative burdens. Additionally, these requirements can lead to ‘over-compliance’, where organizations adopt excessively cautious positions, fearing the loss of funding or legal consequences. This leads to further restrictions of their operational capacity.

Q6: Can you elaborate on how financial sector de-risking affects humanitarian actors?

Dr. Gillard: Financial sector de-risking occurs when banks and financial institutions choose to limit or terminate relationships with clients deemed to be ‘high-risk’. This is often connected with  the risk of violating sanctions. For humanitarian organizations, this has led to difficulties in securing banking services, transferring funds to crisis areas, or even paying local staff and suppliers. The fear of inadvertently violating sanctions makes financial institutions overly cautious, which, in turn, can severely disrupt humanitarian operations.

Q7: You’ll be leading PoliSync’s Sanctions Training for Humanitarian Actors in September and October of this year. What can participants expect to learn from your course?

Dr. Gillard: I’m very excited to be leading PoliSync’s Sanctions Training for Humanitarian Actors this year. Participants will gain a sound understanding of contemporary sanctions and how they impact humanitarian work. The course covers the types of sanctions most likely to affect humanitarian response, the existing safeguards, and the issue of financial sector de-risking. We also discuss policy developments and practical strategies that organizations can use to comply with sanctions without over-complying. The course is very interactive, with case studies, group exercises, and insights from experienced practitioners.

Q8: Who would benefit most from attending this workshop?

Dr. Gillard: This workshop is designed for anyone working in or with the humanitarian sector, including representatives from humanitarian and development organizations, government agencies, international organizations, and the financial sector. It's also valuable for legal practitioners, researchers, journalists, and students preparing for careers in humanitarian action or sanctions. The workshop provides essential knowledge for navigating the increasingly complex compliance environment that these professionals face.

Q9: Lastly, can you tell us about the support available for participants from the Global South?

Dr. Gillard: We recognize the importance of diverse participation, so we offer five subsidized places in each workshop for applicants from the Global South. This is part of our commitment to ensuring that professionals from all regions have access to the training they need to navigate sanctions and their impact on humanitarian operations effectively. We also offer discounts for organizations that enroll multiple participants.

Q10: How can interested individuals or organizations get more information or apply for the course?

Dr. Gillard: Those interested can contact us directly through the provided channels to receive more information about the course, including details on how to apply for a subsidized place or inquire about group discounts. We encourage early registration, as the workshop tends to fill up quickly.

To sign up, visit: Sanctions training for humanitarian actors

Dr. Emanuela-Chiara Gillard is a Consulting Fellow in Chatham House’s International Law Programme and a Senior Visiting Fellow at the Oxford Institute for Ethics, Law and Armed Conflict. Emanuela has over two decades’ experience in the field of international law and humanitarian action.  In the past decade a particular focus of her work has been the interplay between sanctions, counterterrorism measures and humanitarian operations.  She has addressed these issues from operational, policy and academic perspectives. She regularly advises humanitarian actors on sanctions issues affecting their operations and participates in policy discussions on how to minimize the adverse impact of sanctions on humanitarian action. Emanuela holds B.A, LL.M. and Ph.D. degrees in Law from the University of Cambridge. She is a Solicitor of the Supreme Court of England and Wales.

Link to bio: Dr. Emanuela-Chiara Gillard